WASHINGTON | The Justice Department is directing its federal prosecutors to investigate any state or local officials who stand in the way of beefed-up enforcement of immigration laws under the Trump administration, according to a memo to the entire workforce obtained by The Associated Press on Wednesday.
Some Aurora city lawmakers last week expressed concern that a city council resolution showing support for local immigrants amid a national tidal wave of anti-immigrant sentiment could draw anger from the Trump administration. The measure was amended to explicitly state that Aurora would abide by federal laws, as permitted by the state. Colorado prohibits local police agencies from cooperating with federal immigration officials to facilitate arrests.
Written by Emil Bove, the acting deputy attorney general, the memo also says the department will return to the principle of charging defendants with the most serious crime it can prove, a staple position of Republican-led departments meant to remove a prosecutor’s discretion to charge a lower-level offense.
Much of the memo is centered on immigration enforcement. Bove wrote that prosecutors shall “take all steps necessary to protect the public and secure the American border by removing illegal aliens from the country and prosecuting illegal aliens for crimes” committed in U.S. jurisdiction.
The memo also suggests state and local officials who stand in the way of federal immigration enforcement could themselves come under scrutiny. It directs prosecutors to investigate any episodes in which state and local officials obstruct or impede federal functions.
“Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests,” the memo says. “The U.S. Attorney’s Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution.”
The three-page memo signals an immediate and sharp turnabout in priorities from President Joe Biden’s Democratic administration, with prosecutors told in no uncertain terms that they will be on the front lines of an administration-wide effort to crack down on illegal immigration and border crime and that they are expected to carry out the policy vision of President Donald Trump’s Republican White House when it comes to violent crimes, the threat of transnational gangs and drug trafficking.
“Indeed, it is the responsibility of the Justice Department to defend the Constitution, and accordingly, to lawfully execute the policies that the American people elected President Trump to implement,” Bove wrote in the memo obtained by the AP.
“The Justice Department’s responsibility, proudly shouldered by each of its employees, includes aggressive enforcement of laws enacted by Congress, as well as vigorous defense of the President’s actions on behalf of the United States against legal challenges,” Bove added. “The Department’s personnel must come together in the offices that taxpayers have funded to do this important work.”
Migrant support in Aurora
After a heated city council meeting discussion Jan. 13, the Aurora City Council ultimately passed a resolution reaffirming the city’s support for its documented immigrant community.
The resolution passed 9-1 with Councilmember Stephanie Hancock objecting. Councilmember Curtis Gardner was absent.
Councilmember Alison Coombs, the sponsor of the resolution, emphasized the importance of the measure.
“In light of the amount of fear and concern that has happened in our community, for immigrants in our community, and concerns about potential deportation, as well as rhetoric that does not fully value the contributions of all of our immigrants in the city of Aurora, we do affirm, as a city, our valuing and supporting of those members of our community and their contributions to the community.”
Of greatest concern for Coombs and other supporters are threats by Trump and some congressional Republicans to revoke a host of temporary immigration statuses affecting tens of thousands of immigrants in Aurora.
While the Trump administration has moved swiftly on a bevy of immigration measures, it’s unclear what the president will do regarding those immigrants currently here legally, but temporarily.
El Salvador immigrants approved for Temporary Protective Status and so-called “DACA DREAMers” — children of immigrants not born in the United States but who have lived here for much or most of their lives — could be at risk.
A bevy of immigrants, including Venezuela, enjoy some variation of temporary status, according to state and local immigration officials.
Earlier in January then-President Joe Biden by executive order extended such protective statuses for Venezuelan and El Salvador immigrants. It’s unclear whether Trump can, or will, reverse the 18-month extensions.
The city council debate featured sharp disagreements over the resolution’s potential impact, and its potential mis-alignment with Trump’s threatened federal immigration enforcement.
Councilmember Danielle Jurinsky criticized the resolution, saying it was just “virtue signaling” and has no real impact.
Mayor Michael Coffman pushed back, saying the resolution will tell documented immigrants that the city stands behind ensuring that temporary statuses, enjoyed by tens of thousands of local immigrants, are not reversed.
Jurinsky said she supports only the deportation of criminal immigrants. Jurinsky has found herself at the center of national controversy, appearing numerous times on right-wing TV shows promoting “Operation Aurora,” Trump’s name for mass deportations. She has repeated claims that areas of Aurora are “overrun” by Venezuelan gang members, a claim repeated frequently by Trump.
Council members Jurinsky and Françoise Bergan also raised legal concerns about potential federal law requiring local authorities to cooperate with immigration enforcement. Bergan questioned whether supporting the resolution might put council members at risk of arrest by federal officials for interfering with deportations.
“No,” Aurora City Attorney Pete Schulte said.
Coombs said, however, that the resolution was an important statement of support for the city’s immigrant residents who are fearful of the imminent Trump administration’s new policies.
She emphasized that the words and actions of city leaders matter to those facing uncertainty.
“”There are a lot of people who are scared and who are worried and for whom saying yes, we support and value you is worth something, and the words that we say as leaders matter,” she said.
After a couple of amendments — including one ensuring that the resolution is not an attempt to defy federal officials — the council ultimately passed the measure. The approved version included language stating that the city will “not interfere with federal immigration law” and will cooperate with federal immigration authorities as permitted by state and federal statutes.
Governor Polis and Denver Mayor Johnston are guilty of obstructing federal immigration and national security laws as they totally disregarded the Supremacy clause of the U.S. Constitution. How are their seditious actions not punishable as felonies straight up?
Lock them up.
completely wrong and out of touch. Can we not remember a felonious president and one who instigated a seditious act? Come on Mr Brown
Here’s the deal; whether you like it or not, the Federal gov’t is doubling down on illegal immigration. It’s clear the full force of the Federal gov’t will be coming down without concern for States rights or desire to shelter immigrants who are in the US illegally. Ultimately, the courts will decide how far the Federal gov’ts powers can be exercised and this will be going all the way to the Supreme Court. I think anyone who’s not been hiding under a rock since 2016 knows how the Supreme Court will likely rule on the use of powers of this administration.
My point is this; if any State or local official chooses to obstruct the Federal gov’ts enforcement of these executive orders should seek an attorney’s council to keep out of the crosshairs. I think it’s been made pretty clear the Federal gov’t is uncompromising with the president’s promise to address illegal immigration.
The politicians at every level in CO need to think about what could happen if obstruction continues. Trump could close Buckley SFB, Peterson SFB, Ft Carson. When Nixon won every state except Massachusetts, he closed Ft Devens, Westover AFB, Otis AFB and the Boston Navy Yard. The Space Force has already been considered to move to Alabama.